HomeMy WebLinkAbout05-16-08
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Cumberland County Pennsylvania
ORPHANS COURT DIVISION
No. 21-07-1048-
ORDER OF COURT
AND NOW, this [ & Ii day of May, 2008, in consideration of the
attached Petition, the proposed settlement of $250,000 for the Wrongful Death
Action and $250,000 or the Survival Action is approved, and the following
distribution is directed:
Timothy C. Madeiros
Kathleen A. Madeiros
Estate of Timothy C. Madeiros, Jr.
Hamilton C. Davis, Esquire
Total
$125,000.00
$125,000.00
$247,700.00
$ 2.300.00
$500,000.00
It is further ordered that Timothy C. Madeiros and Kathleen A. Madeiros,
Administrators of the Estate of Timothy C. Madeiros, Jr., are authorized to
execute general releases in favor of the parties and the insurance carriers
involved. '1
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Petition for Awroval of
Compromise of Wrongful Death
and Survival Actions
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TO THE HONORABLE, THE JUDGES OF SAID COURT:
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1. The petitioners are Timothy C. Madeiros and Kathleen A. Madeiros, who
were appointed administrators of the Estate of Timothy C. Madeiras, Jr.,
deceased, by the Register of Wills of Cumberland County, Pennsylvania, and
who reside at 97 Quigley Road, Newburg, Cumberland County, Pennsylvania.
2. The decedent, Timothy C. Madeiros, Jr., was the son of Timothy C.
Madeiros and Kathleen A. Madeiros.
3. Timothy C. Madeiros, Jr., was born on April 28, 1992, and was 15 years old
at the time of his death.
4. On or about October 19, 2007, at approximately 6:20 P.M. Timothy C.
Madeiros, Jr., died as a result of injuries he received in a motor vehicle accident
that occurred earlier that day.
5. Timothy C. Madeiras, Jr. died intestate and had no children at the time of
his death.
6. Timothy C. Madeiras, Jr., was unconscious following the accident and
died about 78 minutes later.
7. The petitioners are the sole surviving heirs of the decedent.
8. At the time of the accident, the decedent was a passenger in a vehicle
operated by Andrew Larson, which crassed the centerline and collided with
another vehicle.
9. Larson was insured by Erie Insurance for a policy limit of liability of
$100,000 per person.
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10. At the time of the accident, Brethren Mutual Insurance Company and Erie
Insurance provided underinsured motorists coverage of $300,000.00 and
$100,000.00 per person respectively.
11. The carriers have offered their policy limits totaling $500,000.00 and your
petitioners are willing, with the advice of counsel, to accept the offers.
12. The Petitioners propose allocating $250,000.00 for the wrongful death
action and $250,000.00 for the survival action.
13. Since inheritance tax on a transfer from a child 21 years of age or younger
to a parent is at the rate of zero percent approval by the Pennsylvania
Department of Revenue is not required. 72 P.s. Section 9116 (a) (1.2).
14. The Petitioners have agreed to a fee of $2,300 on an hourly basis with their
counsel.
15. The Petitioners request that distribution be made as follows:
Timothy C. Madeiros
Kathleen A. Madeiros
Estate of Timothy C. Madeiros, Jr.
Hamilton C. Davis, Esquire
Total
$125,000.00
$125,000.00
$247,700.00
$ 2,300.00
$500,000.00
WHEREFORE, the Petitioners request Your Honorable Court to approve the
settlement and distribution as set forth above, and authorize the Petitioners to
execute general releases in favor of the parties and the insurance carriers
involved.
~----
William A. Addams, Esquire
43 W. South St.
Carlisle, Pa 17013
Date: May16, 2008
Hamilton C. Davis, Esquire
Zullinger-Davis
20 E. Burd St., Suite 6
P.o. Box 40
Shippensburg, P A 17257
Attorneys for the Petitioners
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct, to the best of my knowledge, information, and belief. I understand that
false statements herein made are subject to the provisions of 18 Pa. C.S.A. S 4904
relating to unsworn falsification to authorities. a
s--/4- 08 ~ ~ ?
Date T othy C. Madeiras -
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Date
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Kathleen A. Madeiros
In Re: TIMOTHY C MADEIROS, JR
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-07-1048
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 05/16/08
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 05/16/08
IN RE: ORDER OF COURT
"""""""""""""""""""""""""""""""""""""""""""""""""""""","""","",'
SERVICE TO:
WILLIAM A ADDAMS (4 CERTIFIED COPIES)
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
~ HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 5/16/08
"""""""""""""""""""""""""""""""""""""""""""""""""""""","""',""'"
_tJQ.__FnVelore~ pr-nvided.
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
1._,ChltJJlhYl f
Deputy
Clerk of Orphans' Court
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